An Istanbul court ordered prosecutors to investigate Turkish nationals allegedly involved in the mistreatment of participants in a Gaza-bound aid flotilla while they were held in Israel during the first hearing of a case against 35 defendants, including the Israeli prime minister Benjamin Netanyahu.
The Istanbul 11th High Criminal Court ruled that individuals identified by complainants as Turkish citizens who participated in alleged abuses against them in Israeli custody should be identified and referred to prosecutors for necessary legal action.
The court also ordered that existing arrest warrants and Interpol Red Notice requests against all 35 defendants remain in effect.
The case concerns Israel's armed interception of the Gaza-bound flotilla, which was carrying humanitarian aid to Gaza.
Flotilla participants describe alleged mistreatment
During the hearing, one complainant said he had joined the flotilla as a doctor to deliver medical supplies to Palestinians in Gaza.
He said Israeli soldiers confiscated five or six boxes of medical supplies from their vessel and that participants were subjected to mistreatment at Israel's Ashdod port.
He said he wished to pursue his complaint against the defendants.
Another complainant said she had been subjected to two strip searches and had an altercation with Israeli soldiers after refusing to remove her headscarf.
"They recorded me wearing the clothes they gave me instead of my headscarf and mocked me," she told the court.
She said one of the soldiers who detained her had told her he was from Türkiye's central province of Yozgat.
"They took our personal belongings, and I have not been able to recover any of them. Our privacy was seriously violated. I am filing a complaint," she said.
A Turkish lawmaker also testified, saying she and approximately 80 other participants were held in a poorly ventilated room after being detained.
She said that an Israeli soldier insulted Islam while they were reading the Quran.
Un said detainees were not allowed to sleep and were subjected to verbal abuse and psychological mistreatment.
"We were not even allowed to close our eyes where we were held. Sleeping was forbidden," she said.
She added that police officers who arrived the following day insulted Türkiye and the detainees in Hebrew.
Lawyers call for broader investigation into Gaza
Riza Saka, president of the bar association, described the proceedings as historic and called for further international evidence to be included in the case.
Saka referred to provisional measures ordered by the International Court of Justice (ICJ) in proceedings concerning allegations of genocide in Gaza.
He requested copies of relevant ICJ documents and a UN report concerning allegations of genocide in Gaza.
He also referred to the arrest warrants and Red Notice requests issued against Netanyahu and the other defendants.
Lawyer Yasin Samli argued that the case involved allegations of genocide, crimes against humanity and attacks against civilians.
Samli said lawyers had submitted eight volumes of evidence, including five concerning alleged crimes against women and children in Gaza.
Court seeks separate indictment over alleged crimes against Gaza civilians
In its interim ruling, the court noted that the existing indictment primarily described actions taken against the Gaza-bound aid flotilla, while allegations concerning crimes committed against civilians in Gaza were presented only indirectly and in general terms.
The panel said investigations into genocide and crimes against humanity could be conducted upon a request from Türkiye's justice minister.
Taking into account the principle that courts are bound by the factual allegations set out in an indictment, the panel ordered a formal request to prosecutors concerning a possible new indictment.
The request calls for alleged crimes against civilians in Gaza, separate from the actions involving the flotilla, to be described in concrete terms and linked to supporting evidence.
The court said evidence submitted by legal organisations should be considered in that process.
Court orders asset inquiries, requests ICC documents
The panel also ordered inquiries into whether any of the 35 defendants hold movable or immovable assets in Türkiye.
It directed that a request be sent through the Justice Ministry for documents from proceedings involving the defendants before the International Criminal Court (ICC).
The court additionally ordered that a UN report submitted concerning allegations of genocide in Gaza be requested through the Justice Ministry.
The panel accepted applications to participate in the proceedings from complainants and several legal and human rights organisations.
The hearing was adjourned until 30 March 2027.
